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2014 Supreme(Del) 633

RAJIV SHAKDHER
Mohan Singh – Appellant
Versus
Presiding Officer, Central Govt. Industrial Dispute Tribunal – Respondent


Advocate Appeared:
For the Petitioner:G.D. Gupta, Sr. Adv. with Piyush Sharma, Advocate.
For the Respondents:R2, Jagat Arora, Rajat Arora, Advocates.

Judgment :

Rajiv Shakdher, J

1. This is a writ petition directed against the award passed by the Central Government Industrial Tribunal (in short the Tribunal) dated 15.07.1996. By virtue of the said award, the Tribunal answered the reference in favour of respondent no.2 bank, i.e., the Management. The reference made by the Central Government to the Tribunal was whether the action of respondent no.2 bank, in dismissing the petitioner from service was justified or not, and if not, what relief the workman was entitled to.

2. This reference arose in the background of the following brief facts.

2.1 The petitioner was initially with the Indian Army. The petitioner joined respondent no.2 bank, on 30.12.1978, as a typist. The petitioner’s cadre was changed to that of a clerk, whereupon he was posted with the Chandni Chowk branch, located at Delhi of respondent no.2 bank.

2.2 It appears, that on 24.07.1985, transfer orders were issued to the petitioner for his transfer to Dhansa branch.

2.3 Evidently, the petitioner was not happy with the transfer. The service of the transfer order led to consternation. As a matter of fact, a tense situation developed, which spilled over to the next day, which w








































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